Michigan Divorce Education Series Divorce in Michigan – Alimony and Spousal support: This video Webinar is a comprehensive explanation of Michigan law and strategy covering alimony / spousal support. Key learnings and strategies are discussed. I am hopeful you find it both empowering and educational. A summary of the topics covered is provided below. (run[…]
Changing domicile: Domicile explained! Michigan divorce law does not prohibit a parent from travelling with your children. You can even travel outside of the United States, provided the Country you are visiting has a treaty with the United States (most do under the Hague convention). While a vacation away from home with your kids is[…]
Understanding Michigan divorce law: When people worry, it is nice when others provide comfort. At Findling Law we provide legal advice through education. It is our hope that these blogs, are brochures, forums and accessability will bring comfort to the person you may be worried about. We have created a series of webinars addressing common[…]
Michigan Divorce Education Series Michigan child custody, child support and parenting time: This video Webinar is a comprehensive explanation of Michigan law and strategy covering child custody, child support, and parenting time. Key learnings and strategies are discussed. I am hopeful you find it both empowering and educational. A summary of the topics covered is[…]
Changing pension or life insurance beneficiaries after divorce. A lesson to lawyers – The Judgment of Divorce may not be enough! In almost every Judgment of Divorce, the parties either award or waive an interest in the former spouses’ pension plan(s) or life insurance plan(s). However, if the benefit is governed by ERISA, a waiver[…]
Commingling assets and divorce in Michigan: When dividing property in a divorce, a primary consideration is whether the property is ‘marital’ or ‘separate’. As a general rule, property acquired by reason of the marriage or “during the course of the marriage” is marital and is likely subject to division in the event of divorce. Conversely,[…]
Divorce in Michigan and veterans benefits: There is a myth regarding Michigan Divorce Veteran benefits and disability Veteran benefits. The veteran benefits myth is that Congress clearly intended to protect veterans’ benefits from being awarded to anyone other than the veteran, including children and former spouses. The foundation of the veteran benefit myth likely stems[…]
Alimony, taxes and divorce in Michigan: Addressing potential tax issues in your negotiations can avoid problems in the future. For example, many lawyers believe that alimony payments are always tax-deductible to the person paying and taxable as income to the recipient. This is not the case. In order to qualify for the taxable or tax-deductible[…]
Prenup and divorce in Michigan: NEWS FLASH: “A year after the couple announced their split, Ashton Kutcher and Demi Moore’s divorce case is moving into the Los Angeles court system.” Ok, so maybe your net worth isn’t in excess of $290 million and the age gap between you and your spouse is not very large.[…]
Foreign marriage and divorce in Michigan: The United States is a nation of immigrants, and Michigan is no different. People live in Michigan for work, school, family and a variety of other reasons. However, when a marriage is struggling, I am often asked where can I get divorced? Can I get a Michigan Divorce? If[…]
Michigan Divorce Lawyer, Daniel J. DeBene: Daniel J. DeBene is an associate of Findling law was listed as a dBusiness Top Lawyer for 2013. dBusiness is Detroit’s leading business journal. Mr. DeBene can help you accomplish your goals. ATTORNEY PROFILE – Daniel J. DeBene Bio: Working directly with Mr. Findling since 2008, Mr. DeBene[…]
Dividing pension benefits and divorce in Michigan: A defined benefit plan is a pension where a retiree is entitled to collect a defined amount of money every month and is subject to division in a divorce. It is quite common for a spouse to be entitled to 50% of the benefit earned during the marriage.[…]
Fault matters and Divorce in Michigan: On June 26, 2012, in Gill vs. Gill, Jr., docket no. 301839, the Michigan Court of Appeals upheld an award of approximately 75% of the marital estate to our client. The trial court found the husband significantly at fault for the marital dissolution. Daniel Findling argued at trial that[…]
Child Support Collection and Divorce in Michigan: What do a schizophrenic mom, a rural orthopedic surgeon, and a deadbeat living in Key West Florida have in common? The impossibility defense, a new nearly insurmountable barrier to successfully defending felony nonsupport charges. In Michigan, failing to pay child support is a criminal felony. This felony non-support[…]
Birth Support and Divorce in Michigan: On July 6, 2012, Shari Motro, a law professor at the University of Richmond wrote an editorial in the New York Times advocating Preglimony. Preglimony is sort of alimony for pregnant woman and would include the loss of income arising from pregnancy, or the cost of an abortion. Professor[…]
The engagement ring and Michigan divorce: Some etiquette books say if a marriage has lasted less than a year, then an engagement ring should be returned. However, under Michigan law, as long as the parties go through with the wedding, the ring is a gift and need not be returned in the event of[…]
Taxes and Innocent Spouse Relief: We are fascinated with the failures and problems of celebrities and every year, the IRS chases people who evade or underpay federal income tax, and actors and popular figures in the media make the news. The facts are tax problems are not only common among celebrities. What if your spouse[…]
Deciding to divorce: Celebrity break-ups make headlines. For everyone else, break-ups make headaches. Deciding when enough is enough is never easy. There are multiple considerations including the effect on children, financial and emotional happiness. Whenever a relationship is on the rocks, I always advise my client’s of the three choices. They are simple and[…]
Parental kidnapping: This morning’s headlines shed light on one of the most frightening moments in a custody case: Country star Mindy McCready kidnapped her 5 year old son. While there is no one comprehensive integrated process for gathering and analyzing data and information on international child abduction cases, in 1988 family members abducted 354,100 children[…]
Changing pension or life insurance beneficiaries after divorce. A Judgment of Divorce may not be enough! In almost every Judgment of Divorce, the parties either award or waive an interest in the former spouses’ pension plan(s) or life insurance plan(s). However, if the benefit is governed by ERISA, a waiver in a Judgment of Divorce[…]
Married for 72 days? Keep the ring! Etiquette books may say if a marriage has lasted less than a year, then an engagement ring should be returned. Michigan law, is not politically correct on this issue. If the Kim Kardashian divorce was filed in Michigan, she would get to keep the ring. Under Michigan law,[…]
Recent headlines shed light on a frightening application of Michigan law. On December 26, 2010, the Detroit Free Press reported that a Rochester Hills man faces up to 5 years in prison – – for reading his wife’s email.
The Michigan Court of Appeals has recently changed the rules regarding commingling of assets. Lawyers must advise their clients accordingly and clients should seek competent legal advice before commingling assets with his/her spouse. When dividing property in a divorce, a primary consideration is whether the property is ‘marital’ or ‘separate’. Generally, property acquired during the[…]